Legal Question in Real Estate Law in Georgia

My family has some heir property. Before my great grandfather passed away he changed the land deed to include my grandfather and his brother (my great uncle) but it did not include his other 3 children. One of the children that was not added to the deed wants to use a portion of the property. Is it legally possible for them use this property without the consent of my great grandfather and great uncle?


Asked on 4/22/11, 2:54 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There is no such thing as heir property. The term is usually used when a family, over several generations has failed to properly probate property and transfer titles, which usually means an expensive mess that requires a lawyer to untangle.

There is no way to know what rights the child has without a great deal of information, including review of any deeds, any probates, any unprobated documents, and an analysis of the family tree. One or more people who think they own the property should see a lawyer promptly to analyze this.

Proper wills and probates are cheap. Sorting out "heir property" is expensive, and the longer you wait, the more people die along the way and the more complex it becomes.

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Answered on 4/22/11, 3:03 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

If there is a legal basis for them to use the property without the owners' permission, you did not state and facts to support it. Your post also makes no sense because it refers to "heir property" but then you mention the land was deeded to the current owners. If your great grandfather transferred full title to someone else before his death, it is not "heir property." It is the property of the people he transferred it to (or the people they then transferred it to).

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Answered on 4/22/11, 3:06 pm


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